Vikash Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22438 of 2015 Arising Out of PS.Case No. -213 Year- 2014 Thana -DARBHANGA COMPLAINT CASE DistrictDARBHANGA ======================================================

1. Vikash Kumar son of Mr. Ramashish Mahto resident of village and P.S. Basopatti, District - Madhubani.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Rinki Kumari W/o Vikash Kumar Resident of village and P.S. Basopatti, District Madhubani at present D/o Yogendra Mahto, resident of village - Sundarpur Bela, P.S. - Lalit Narayan Mithila University, District - Darbhanga.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Malay Kumar Choudhary For the Opposite Party/s : Mr. Nand Kishore Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 04-08-2016 Learned counsel for the petitioner is present, however none appears on behalf of complainant/O.P. No. 2.

The petitioner being husband of the complainant is apprehending his arrest in a complaint case wherein processes were directed to be issued after cognizance being taken for the offences punishable under Section 498A of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.

The basic accusation is of torture for nonfulfilment of dowry demand. On the joint prayer of the parties, the matter was referred to the Mediation & Conciliation Centre of

Patna High Court Cr.Misc. No.22438 of 2015 (8) dt.04-08-2016 2/2 the Bihar State Legal Services Authority vide order dated 06.07.2015. The report of the Mediator at Flag-M dated 19.07.2016 reflects that the issue has been resolved and both the petitioner and the complainant have decided to resume the conjugal life and to withdraw the cases filed against each other. It is submitted by learned counsel for the petitioner that in pursuance to the mediation the issue has been resolved and both the petitioner and the complainant are residing together.

Considering the above contention of the counsel for the petitioner, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Darbhanga in connection with Complaint Case No. 213 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

Let the order of this Court along with the report of the Mediator and the terms of the agreement be transmitted to the learned Court below.

(Dinesh Kumar Singh, J) Shageer/- U T